Wakilii

Arakit Mary Margaret V The Attorney General (HCT-00-CV-CS-0699-2003 ) (HCT-00-CV-CS-0699-2003)

High Court · [2009] UGHC 81 · 2009 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for reinstatement and arrears following deletion from payroll
Decision
Plaintiff's claim for reinstatement and arrears dismissed; deletion from payroll upheld as lawful

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the plaintiff did not validly join the Public Service because her appointment was procured through a forged corrigendum issued by an interdicted Public Service Commission officer. The court ruled that the appointment was a nullity, the deletion from the payroll was lawful, and the plaintiff was not entitled to reinstatement, salary arrears, pension, or damages.

Outcome

Plaintiff's claim for reinstatement and arrears dismissed; deletion from payroll upheld as lawful

Facts

The plaintiff entered Public Service as Accounts Assistant in February 1991 pursuant to an appointment letter referencing PSC Minute 1049 of 1990. Her name was deleted from the payroll in August 2002. The defendant alleged she entered service illegally. The Public Service Commission's Minute 1049 of 1990 and its only authorised corrigendum (Corrigenda IV) did not contain the plaintiff's name. A separate corrigendum bearing the plaintiff's name was issued by one Rwabushaija, a Principal Personnel Officer who was subsequently interdicted and dismissed with disgrace in 1992 for forgeries. The plaintiff's appointment letter was cancelled in August 1991 by the Ministry of Finance, but she remained in service. In 1994, a fake PSC letter purported to reinstate her. In 1998, a forged posting instruction transferred her to the Judiciary. The Commission's 1997 review identified the plaintiff among 'ghost employees' who entered service without PSC authority, leading to her eventual deletion from the payroll in 2002.

Issues

  1. Whether the plaintiff validly joined Public Service.
  2. Whether the plaintiff's name was validly removed from the payroll.
  3. Whether the plaintiff is entitled to the reliefs claimed.

Orders

  • Suit dismissed.
  • Each side to bear its own costs.

Rules and key headnotes

Administrative Law — Public Service Appointments — Validity of Appointment — Nullity
An appointment to the Public Service procured through a forged Public Service Commission instrument is a nullity from inception and produces no legal effect, regardless of subsequent service rendered.
Administrative Law — Public Service Commission — Appointment Authority — Exclusive Jurisdiction
The Public Service Commission holds exclusive statutory authority to appoint persons to the Public Service. An appointment not authorised by the Commission, even if embodied in an official-looking letter, is void ab initio.
Evidence — Burden of Proof — Shifting of Burden — Civil Cases
Where a plaintiff asserts the affirmative of an issue and adduces evidence sufficient to raise a presumption that the assertion is true, the burden of proof shifts to the defendant to rebut that presumption.
Evidence — Documentary Evidence — Authenticity — Burden of Proof
The burden of establishing the authenticity of a document on the balance of probabilities lies on the party who wishes the court to believe in its existence and relies on it in support of their case.
Employment & Labour — Public Service — Deletion from Payroll — Void Appointment
Where an employee entered the Public Service on the basis of a void appointment, the deletion of their name from the payroll cannot be faulted, as they had no lawful entitlement to be on the payroll in the first instance.
Employment & Labour — Public Service — Entitlement to Benefits — Prerequisite of Valid Appointment
Reinstatement, salary arrears, pension, gratuity, and terminal benefits only apply to persons who were duly appointed by the appointing authority. A person who entered service on the basis of a void appointment is not entitled to such claims.
Administrative Law — Nullity — Legal Effect — Macfoy Principle
A void act is a nullity in law and is incurably bad without need for a court order to set it aside. Every proceeding founded on a nullity is also bad and incurably bad.

Legislation cited (1)

  • Evidence Act Cap.6 s.103

Cases cited (3)

  • Interfreight Forwarders (U) Ltd v East African Development Bank ([1994-95] HCB 54)
  • Macfoy v United Africa Co Ltd [1961] 3 All ER 116
  • Bank of Uganda v Betty Tinkamanyire (Supreme Court Civil Appeal No. 12 of 2007)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Arakit Mary Margaret V The Attorney General (HCT-00-CV-CS-0699-2003 ) (HCT-00-CV-CS-0699-2003) [2009] UGHC 81 (24 February 2009)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.